Aminus Curiae - Robinson v. Solano County

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CITY OF COLTON AGENDA REPORT FOR COUNCIL MEETING OF March 20, 2001 TO: Honorable Mayor and City Council APPROVAL: Henry T. Garcia, City Manager FROM: City Attorney SUBJECT: Request for Amicus Curiae Support in Robinson v. Solano County DATE: February 26, 2001 BACKGROUND: From time to time, public agencies seek the City's support as an amicus curiae (a friend of the court). There is no cost to the City to participate as an amicus curiae. The County of Solano is seeking support in the case described below which involved a ruling by the Ninth Circuit Court of Appeals that will affect all law enforcement agencies in California. DISCUSSION/ANALYSIS: James F. Robinson brought suit against Solano County and two police officers alleging false arrest, false imprisonment, and the use of excessive force in arresting him. The district court and a magistrate judge granted judgment in favor of Solano County on all of the claims. On appeal, a three-judge panel of the Ninth Circuit Court reversed the lower court rulings and remanded for a new trial. The key issue in this case is the Ninth Circuit Court's ruling that the mere act of a police officer pointing a gun at someone, even if the person has been reported as being armed, can constitute excessive force for which the officer can be sued. The court also remanded the case for retrial so that a jury may decide whether the officers' use of force was "reasonable." The Ninth Circuit Court has agreed to rehear the case "en banc," which means the entire panel of judges will hear the case. If the "en bane panel of judges upholds the original Ninth Circuit decision, all California cities will likely be forced to choose between allowing police officers to protect themselves from random violence or facing a lawsuit each time a police officer feels it necessary to unholster his or her gun. Each of these lawsuits would have to go to trial for a jury verdict. RVPUB\NGS\608633 Item #6